J. East Asia & Int’l L. Vol. 17/No.

1 (2024); 147-158
Publication type : Research Article
Section : Notes & Comments
DOI : http://dx.doi.org/10.14330/jeail.2024.17.1.08

How to Exploit Patents for

Innovation? Green Future
and Sustainable
Development in Vietnam
Trinh Tien Viet∗ & Phan Quoc Nguyen∗∗

The Government of Vietnam recently issued a Strategy for Intellectual Property 2030
and amended the Law on Intellectual Property in 2022 for the economic development
of Vietnam through stimulating innovation and creativity. Many solutions are
recommended to foster the integration of research and development, and intellectual
property such as recycling, water cleaning, treatment of poisonous exhausted air, energy
saving, green technology for conserving ecosystems. To have more inventions and
patents, Vietnam needs to protect its intellectual property rights (IPRs) involving all
its various sectors and entities more. However, the current status of IPRs protection in
Vietnam shows limitations in this field due to lack of appropriate legal rules on civil and
criminal sanctions. This article will give an overview of IPRs protection in Vietnam and
then analyze some current provisions relating to civil and criminal sanctions for IPRs
infringement based on the experiences of some foreign countries. It will also recommend
some solutions for overcoming these challenges.

Keywords
Exploitation of Patents, Protection and Enforcement of Intellectual
Property Rights, Viet Nam

∗ Associate Professor of Law at University of Law, Vietnam National University (VNU) -Hanoi, Vietnam. B.A./LL.M./
Ph.D. (VNU-Hanoi). ORCID: https://orcid.org/0009-0002-2808-7374. The author may be contacted at: [email protected].
vn /Address: No. 144, Xuan Thuy road, Cau Giay district, Hanoi, Vietnam 100000.
∗∗ Corresponding author. Associate Professor of Law at University of Law, Vietnam National University (VNU) -Hanoi,
Vietnam. B.A. (Institute for International Relations, Ministry for Foreign Affairs), LL.M. (Tours-France & Free U.
Brussels), Ph.D. (VNU-Hanoi). ORCID: https://orcid.org/0000-0002-0579-9179. The corresponding author may be
contacted at: [email protected] / Address: No. 144, Xuan Thuy road, Cau Giay district, Hanoi, Vietnam 100000
All the websites cited in this article were last visited on April 27, 2024.
148 Trinh Tien Viet & Phan Quoc Nguyen

1. Introduction

On April 26, 2020, the World Intellectual Property Organization (WIPO) celebrated
the World IP Day with the theme, “Innovation for Green Future.” 1 The focus was on
environmental protection, which was a burning issue at that time. To adapt the slogan,
the Government of Vietnam issued the IP Strategy by 2030 for the protection and
commercialization of IPRs in Vietnam, in order to achieve innovation and sustainable
development, and further build a green future for the next generation. Formerly, the
Sustainable Development Goal of Vietnam for the period 2011-2020 outlined in the
Governmental Decision No. 432/QD-TTg aligned with the United Nations’ Agenda
for Sustainable Development Goals 2030 (SDGs).2 Recently, the Law on IP in 2005
was amended on June 16, 2022. It is the relevant legal rule that fosters the protection
and commercialization of IPRs, generally and patents, particularly in the process of
Revolution 4.0.
There are many measures made by the Vietnamese Government to foster the
integration of research, innovation and patents into business and production to
resolve real environmental issues, such as recycling, water cleaning, treatment of
poisonous exhausted air, energy saving, green technology for conserving ecosystems,
etc. These measures can help Vietnam to obtain environmental sustainability and
protection.3 Based on the principle of environmental sustainability, enterprises would
supply friendly-environmental products and services, and craft villages focusing not
only on production and business, but also on building the system of environmental
protection and waste treatment. Farmers are encouraged to use sustainable natural
materials in order to develop clean and organic agriculture, and ensure food safety
and security. This would make people to have civilized life style, save energy, and
protect water sources, etc.4
Hanoi is one of the cities in Vietnam that pushes for environmental protection
for sustainable development via the exploitation of patents. In fact, Hanoi has been

1 WIPO, World Intellectual Property Day 2020 – Innovation for a Green Future, https://www.wipo.int/ip-outreach/en/
ipday/2020/green_future.html.
2 Do Phu Hai, Theoretical Issues on Sustainable Development and Green Economy in Vietnam [Những vấn đề lý luận
về phát triển bền vững và kinh tế xanh ở Việt Nam], 34(2) VNU J. Sci.: Pol’y & Mgmt. Stud. [Tạp chí Khoa học
ĐHQGHN: Nghiên cứu Chính sách và Quản lý] 29-39 (2018).
3 Thu Trang, Starting with “Green Route”: Focusing on the Environmental Protection [Khởi đầu cho “lộ trình xanh”: Chú
trọng bảo vệ môi trường], Elec. J. Env’l Industry [Tạp chí điện tử Công nghiệp môi trường] (Apr. 25, 2020), https://
congnghiepmoitruong.vn/khoi-dau-cho-lo-trinh-xanh-chu-trong-bao-ve-moi-truong-6031.html.
4 Id.
XVII JEAIL 1 (2024) Patents Innovation in Vietnam 149

investing in and implementing projects of research and development and exploiting

patents for environmental protection. It has been clamoring for wall from light
concerts to replace the traditional bricks, which are harmful to the environment; for
self-decomposed nylons which do not pollute the environment; and for the generation
of electric power from burning waste. Also, Hanoi is interested in protecting craft
villages’ environments and green production for the green future.5
In brief, innovation and IPRs, especially patents for supporting innovation are the
key to building a green future for the Earth-loved house of all people. Protection and
exploitation of patents are the important ways that can shape our future. Green future
could be created from today via intellectual actions.6
There are thousands of scientific and technological research works in various
fields done yearly in Vietnam. However, the number of research results protected
by patents is still very modest. Worse still is that the number of works on exploited
patents is very limited; it is not commensurate with their potentials. One of the key
challenges is that the enforcement of IPRs infringement is rather weak in Vietnam.
The civil damages and criminal sanctions still do not have good effects. Experiences
from other countries are good examples for Vietnam to improve this situation.
Against this background, our research will overview the IPRs protection in
Vietnam and then analyze some current provisions relating to civil and criminal
sanctions for IPRs infringement based on the experiences of some foreign countries.
We will also recommend some solutions for overcoming these challenges.

2. 
Exploitation of Patents as Innovation for Green
Future and Sustainable Development in Vietnam

Exploitation of patents plays a very important role in economic development and

innovation for green future as sustainable development. Patents are intellectual
assets and could be transferred as goods and services in the market. Therefore, they
could bring profits for owners if they are exploited, managed, and used properly.
In particular, the commercialization of patents fosters innovation for green growth.

5 Thu Hang, On World IP Day 26 April: To the Green Future [Nhân Ngày Sở hữu trí tuệ thế giới 26-4: Hướng đến một
tương lai xanh], Hanoimoi (Apr. 25, 2020), https://hanoimoi.com.vn/ban-in/Doi-thoai/965675/nhan-ngay-so-huu-tri-tue-
the-gioi-26-4-huong-den-mot-tuong-lai-xanh.
6 Representative Office of the National Office of Intellectual Property (NOIP), Intellectual Property with “green future”
[Sở hữu trí tuệ với “tương lai xanh”], Elec. J. Env’l Industry [Tạp chí điện tử Công nghiệp môi trường] (Apr. 24,
2020), https://sohuutritue.net.vn/so-huu-tri-tue-voi-tuong-lai-xanh-d74220.html.
150 Trinh Tien Viet & Phan Quoc Nguyen

Patents can be exploited via technology transfer or self-commercialization by patent

owners as startup.7
Many countries of the world, including Vietnam opt for sustainable and economic
development. To accelerate the process of green economic development, nothing is
better than the exploitation policy of patents. Using clean technology, transferring
technology of renewable energy, applying new production process, consuming
less energy, saving natural resources, and reducing greenhouse gas emission all
are efficient ways to achieve sustainable and economic development. In Vietnam,
sustainable development and green growth target was first stated officially in the
Resolution of the Party’s Congress XI in 2011. This was referred to subsequently
in the Resolution of the Party’s Congress XII in 2016, and Resolution of the Party’s
Congress XIII in 2021 with emphasis on green growth target, development of clean
energy, clean production, and clean consumption.8
Each Government has issued many policies to promote the development of science
and technology (S&T) in order to accelerate the national economic development. In
2011-2020, the annual investment for S&T activities was 2% of the total State budget
expenditures (equivalent to 0.5 to 0.6% GDP with the average growth rate of about
16% annually. The state budget is still the main source of investment, accounting for
70% of the total investment of the whole society for S&T activities). In addition to the
state budget, S&T investments come from many different sources in the society.9
The Vietnamese Government also has policy for developing and commercializing
patents (Strategy for socio-economic development from 2011 to 2020, from 2021 to
2025).10 According to the surveys and assessment of the Ministry of Science and
Technology of Vietnam of Vietnam (MOST), the legal system of S&T is basically
completed in accordance with a modern management model that has been successful
in many developed countries, such as Japan, Germany, Korea and China, etc.11

7 WIPO, Intellectual Property Handbook: Policy, Law and Use 34 (2004).

8 National Party Congress Documents XI, XII and XIII in 2011, 2016 and 2021, https://www.tapchicongsan.org.vn/web/
english. For details on the 13th National Party Congress Resolution, see The 13th National Party Congress Resolution,
https://www.tapchicongsan.org.vn/web/english/focus/detail/-/asset_publisher/FMhwM2oQCZEZ/content/the-13th-
national-party-congress-resolution#.
9 Ministry of Finance, Policy of the Communist Party and the State on the Development of Science and Technology in
Financial Field [Chính sách của Đảng và Nhà nước về phát triển khoa học và công nghệ trong lĩnh vực tài chính], https://
mof.gov.vn/webcenter/portal/ttpltc/pages_r/l/chi-tiet-tin-ttpltc?dDocName=MOFUCM176709.
10 See Eleventh Congress of Vietnam Communist Party, Vietnam’s Socio-Economic Development Strategy for the Period
of 2011-2020, https://pubdocs.worldbank.org/en/347151477448693952/pdf/Vietnam-SEDS-2011-2020.pdf; National
Assembly of Vietnam, Socio-Economic Development Plan for 2021-2025, https://vietnam.gov.vn/socio-economic-
development-plans/socio-economic-development-plan-for-2021-2025-12056314.
11 Committee for Science, Technology and Environment, Report No. 561/BC-UBKHCNMT13, https://quochoi.vn/tintuc/
Pages/cacbaocaogiamsat.aspx?ItemID=28049.
XVII JEAIL 1 (2024) Patents Innovation in Vietnam 151

Up until today, Vietnam has enacted eight specialized laws and supporting legal
documents: the Law on Science and Technology (2000, amended in 2013); Law on
Intellectual Property (2005, amended in 2009, 2109 and 2022); Law on Standards and
Technical Regulations (2006); Law on Technology Transfer (2006, amended in 2017);
Law on Product and Good Quality (2007); Law on Atomic Energy (2008); Law on
High Technology (2008) and Law on Measurement (2011). The MOST have submitted
to the Government and the Prime Minister to issue more than 50 decrees and circulars
to guide implementation of laws relating to science, technology and innovation.12

3. Current Status of the Exploitation of Patents in

Vietnam

According to the MOST, the exploitation of patents and technology transfer (TT)
activities are partly improved, which contributes to technology innovation and
raise domestic productivity and national technological capacity.13 With the support
of foreign direct investment, technical level will be increased to the new step. In
particular, such industries as post-telecommunication, petroleum, construction,
bridge, electronics, vehicle, etc. are accessible to the advanced technologies. However,
the exploitation of patents and TT did not satisfy real technology innovation necessity
of enterprises.14 The official statistics from the Ministry of Planning and Investment
of Vietnam show that more than 80% enterprises with foreign direct investment use
world average technological level and 14% are at lower and obsolete technical level,
which pollutes the environment.15
There is no effective market for patent transfer. According to the statistics from
the National Office of Intellectual Property (NOIP), the number of patent filing is
increasing, but the purchase, assignment and licensing of patent are not developed

12 MN, Continuous Improvement of Legal System of Science, Technology and Innovation [Tiếp tục hoàn thiện hệ thống
pháp luật về khoa học, công nghệ và đổi mới sáng tạo], Viet. J. Sci. & Tech. [Tạp Chí Khoa Học Và Công Nghệ Việt
Nam] (Oct. 12, 2023), https://vjst.vn/vn/tin-tuc/8404/tiep-tuc-hoan-thien-he-thong-phap-luat-ve-khoa-hoc--cong-nghe-
va-doi-moi-sang-tao.aspx.
13 Statements from Vice-Commissioner of National Intellectual Property Office of Vietnam, Ministry of Science and
Technology in the interview conducted by the Vietnam Association of Intellectual Property. See NOIP, supra note 6.
14 Office of Sustainable Production and Consumption - Ministry of Industry and Trade [Văn phòng Sản xuất và tiêu dùng
bền vững - Bộ Công Thương], Technology Transfer and Innovation Through Foreign Direct Investment [Chuyển giao
và đổi mới công nghệ qua đầu tư trực tiếp nước ngoài] (2015), http://scp.gov.vn/tin-tuc/t1369/chuyen-giao-va-doi-moi-
cong-nghe-qua-dau-tu-truc-tiep-nuoc-ngoai.html.
15 Id.
152 Trinh Tien Viet & Phan Quoc Nguyen

in Vietnam.16 During the period 2010-2020, the total number of patent/utility

solution assignment and licensing contracts registered is about 20-30 on average a
year, which is below its potential.17 The number of TT contracts with patent transfer
is very limited.18 For example, during the period 2003-2008, there are a total of 276
TT contracts registered at the MOST. Among them, just five had patents transferred
(1.81%).19
From the findings on the need of transferring and applying patents to be supported
in the framework of Program 68 to support intellectual property of enterprises, the
exploitation of patents in Vietnam at present is very limited. The number of green
technologies patented is even smaller, accounting for 2.57% out of the total patents of
technologies.20 The official statistics shows the bad consequences resulting from the
inability of existing legal rules to implement the exploitation of patents, particularly
the weak enforcement of IPRs. This deters the registration of IPRs and filing of
patents.21

4. Weak Enforcement of IPRs in Vietnam

Regarding the IPRs enforcement in promoting the registration and exploitation

of patents, TT and innovation for green future, environmental protection and
sustainable development, the situation has improved after its accession to TRIPS.
However, the enforcement of IPRs in Vietnam is weak generally. The enforcement of
IPRs in Vietnam was consistent with the regulations of a higher level than the
provisions of TRIPS. Basically, Vietnam has consistent policies in enforcing

16 Dat Viet, Patent Commercialization is limited in Vietnam [Thương mại hóa sáng chế được bảo hộ tại Việt Nam rất hạn
chế], http://www.hotrotuvan.gov.vn/new-333.html. The interview was made by the Commissioner of National Office of
Intellectual Property of Vietnam on the occasion of IP Day 2021.
17 NOIP, Annual Report of Intellectual Property Activities 2021, https://ipvietnam.gov.vn/en_US/web/english/annual-
report.
18 Thu Hang, Removing Obstacles to Technology Transfer [Gỡ vướng chuyển giao công nghệ], Hanoimoi (Apr. 1, 2023),
https://hanoimoi.vn/go-vuong-chuyen-giao-cong-nghe-20180.html.
19 Phan Quoc Nguyen, Removing Legal Hurdles in Registration of Contracts for the Transfer of Patent Rights to Foster
Innovation, 37(4) VNU J. Sci.: Legal Stud. 1-8 (2021).
20 NOIP’s Gazettes, https://noip.gov.vn.
21 Nguyen Phuong Mai et al., Impact of the Intellectual Property System on Economic Growth: Country Report- Vietnam
15-7 (WIPO - UNU Joint Research Project, 2007), https://www.wipo.int/export/sites/www/about-ip/en/studies/pdf/
wipo_unu_07_vietnam.pdf; Bich Thuy, Dialogue to Foster Vietnam-EU Cooperation of Investment, Business [Đối thoại
thúc đẩy hợp tác đầu tư, kinh doanh Việt Nam – EU], Dautu (Dec. 03, 2021), https://baodautu.vn/doi-thoai-thuc-day-hop-
tac-dau-tu-kinh-doanh-viet-nam---eu-d156772.html.
XVII JEAIL 1 (2024) Patents Innovation in Vietnam 153

IPRs under commitments with the WTO. Although Vietnamese people have generally
acknowledged IPR, they have not fully met the criteria of the TRIPS Agreement in an
effective and systematic manner.22 The IPR has been enforced rather positively in the
beginning, but the policy has not achieved the desired effect. In fact, the violation of IP
law in Vietnam is still at a high level. IPRs infringements are fairly common, sometimes
with serious and complex cases, which discourages the creativeness and affects fair
competition. Specifically, in recent, Vietnam has violated the IPRs complex signs,
which damages its economically and social psychologically, adversely affecting the
foreign investment.23
Protection of IPRs in general or protection of patent rights in particular is to
ensure the ownership in a legal manner. In this case, the economic or property rights
of the owners is guaranteed. The enforcement of IPRs is a part of protecting IPRs
because all legal rules are applied for enforcing IPRs. Pursuant to Article 199 of the
Law on the IP of Vietnam, any organization or individual who commits an act of
infringement of the IPRs of another organization or individual shall, depending upon
the nature and seriousness of such infringement, be dealt with by the application of
civil, administrative or criminal remedies.24 In the cases concerned, the competent
authorities may apply provisional measures to control IP related to imports and
exports, and preventive measures to secure enforcement of an administrative penalty
in accordance with the provisions of the Law on the IP and other relevant laws. In
Vietnam, actually, the following remedies are implemented to protect IPRs by the
competent authorities.

A. Civil Remedies
The civil remedies are implemented to treat the infringement of IPRs at the request
of IPRs owners - institutions or individuals - who have damages. These remedies are
parallel with administrative or criminal measures. Pursuant to Article 202 of the Law
on IP, courts may apply the following civil remedies in dealing with organizations
and individuals who have committed acts of infringement of intellectual property
rights:

22 Tran Tien Dat, Improving the efficiency of intellectual property rights enforcement in Vietnam to meet new practical
requirements [Nâng cao hiệu quả thực thi quyền sở hữu trí tuệ tại Việt Nam đáp ứng yêu cầu mới của thực tiễn], Viet.
J. Sci. & Tech. (Oct. 26, 2023), https://vjst.vn/vn/tin-tuc/8462/nang-cao-hieu-qua-thuc-thi-quyen-so-huu-tri-tue-tai-viet-
nam-dap-ung-yeu-cau-moi-cua-thuc-tien.aspx.
23 Nguyen Thi Thuy Ha, Intellectual Property Violations Are still Complex and Sophisticated [Vi phạm sở hữu trí tuệ vẫn
còn diễn biến phức tạp và tinh vi], Viet. J. Sci. & Tech. (July 28, 2023), https://vjst.vn/vn/tin-tuc/8081/vi-pham-so-huu-
tri-tue-van-con-dien-bien-phuc-tap-va-tinh-vi.aspx.
24 Law on IP of Vietnam, art. 199 (1).
154 Trinh Tien Viet & Phan Quoc Nguyen

1. Compulsory termination of the infringing acts;

2. Compulsory public apology and rectification;
3. Compulsory performance of civil obligations;
4. Compulsory payment of damages for loss; or
5. 
Compulsory destruction, distribution or use for non-commercial purposes
of goods, raw materials and materials, and facilities used principally for the
production or trading of goods which infringed intellectual property rights,
provided that such destruction, distribution or use will not affect the exploitation
of rights by intellectual property right holders.25

Pursuant to the Article 205 of the Law on IP, bases for determining the amount of
damages for loss and damage caused by an infringement of IPRs are as follows.

1. Where the plaintiff proves that an act of infringement of IPRs has caused the
plaintiff material damage, the plaintiff shall have the right to ask the court to
decide the amount of damages on one of the following bases:
(a) Total material damage calculated in an amount of money plus profit derived
by the defendant as a result of the act of infringement of IPRs, where the
reduced profit amount of the plaintiff has not yet been included in such total
material damage;
(b) The price of the licensing of an IP object on the assumption that the defendant
was licensed by the plaintiff to use that object under a license contract within
a scope corresponding to the act of infringement which was committed; or
(c) Where it is impossible to determine the amount of damages for material
damage on the bases stipulated in sub-clause (a) and (b) of this clause, such
amount of damages shall be set by the court depending on the extent of loss
but must not exceed five hundred million (500,000,000) dong (about 24,000
USD).

2. Where a plaintiff proves that the act of infringement of IPRs caused the plaintiff
spiritual damage, the plaintiff shall have the right to request the court to decide
on the amount of damages depending on the extent of loss, to range from five
million (5,000,000) (about 240 USD) to fifty million (50,000,000) dong (about 2.4
thousand USD).

3. In addition to the amount of damages stipulated in clauses 1 and 2 of this

article, an IPRs holder shall also have the right to request the court to compel the
organization or individual who has committed the act of infringement of IPRs to
pay reasonable costs of engaging a lawyer.

25 Law on IP of Vietnam, art. 202 (1)-(5).

XVII JEAIL 1 (2024) Patents Innovation in Vietnam 155

B. Administrative Remedies
IPRs owners who have damages have the right to ask the competent authorities to
treat administrative infringements of IPRs. Pursuant to the Article 214 of the Law on
IP, forms of administrative penalty and measures for remedying consequences are as
follows:

1. Any organization or individual that commits an act of infringement of IPRs

defined in clause 1 of article 211 of this Law shall be compelled to terminate such
act and shall be subject to one of the following principal penalties:
(a) A caution;
(b) A monetary fine.

2. Any organization or individual that infringes IPRs may, depending on the nature
and seriousness of the infringement, also be subject to one of the following
additional penalties:
(a) Confiscation of IP counterfeit goods, raw materials and materials, and
facilities used mainly for production or trading of such IP counterfeit goods;
(b) S uspension of business activities for a fixed period in the sector in which the
infringement was committed.

3. In addition to the penalties stipulated in clauses 1 and 2 of this article, any
organization or individual that infringes IPRs may also be subject to one or more
of the following measures for remedying consequences:
(a) Compulsory destruction, distribution or use for non-commercial purposes of
IP counterfeit goods as well as raw materials and materials, and facilities used
mainly for the production or trading of such intellectual property counterfeit
goods, provided that such destruction, distribution or use will not affect the
exploitation of rights by IPRs holders;
(b) Compulsory transportation out of the territory of Vietnam of transit goods
infringing IPRs or compulsory re-export of IP counterfeit goods and imported
materials and raw materials, and facilities used mainly for production or
trading of such IP counterfeit goods after the infringing elements have been
removed from such goods. 4/ The amount of the monetary fine stipulated
in sub-clause (b) of clause 1 of this article shall be set at least equal to the
value of the detected infringing goods but shall not exceed five times such
value. The Government shall issue detailed regulations on the method of
determining the value of infringing goods.26

26 See Law on Intellectual Property, http://vcci-ip.com/wp-content/uploads/2017/06/Intellectual_Property_Law.pdf.

156 Trinh Tien Viet & Phan Quoc Nguyen

C. Measures to Control Imported and Exported Goods relating to

IPRs
Customs Agency has the rights to apply measures to control imported and exported
goods relating to IPRs. In fact, pursuant to Article 216 of the Law on IP, Customs
Agency applies two measures to control IP related imports and exports as follows:
(a) Suspension of customs procedures for goods suspected of infringing IPRs; (b)
Inspection and supervision to detect goods showing signs of infringing IPRs.

D. Criminal Remedies
Criminal remedies are applied to treat IPRs infringement when it has enough elements
to cause crime. Copyright and neighbor rights violations are stipulated in Article
225; Industrial Property Rights’ infringement is stipulated in Article 226; Counterfeit
goods production and purchase (counterfeit agricultural foods, drugs...) is stipulate
in Articles 192-195; and Customer deceit is stipulated in Article 198 of Criminal Code
of Vietnam 2015, respectively. In brief, any person who manufactures or deals in
counterfeit goods or any person who fraudulently measures goods or services or
commit other fraudulent acts while buying or selling goods/services shall be pay fine
up to VND 1,000,000,000 (about 42 thousand USD) or face a penalty up to five years’
imprisonment pursuant to Article 192, Criminal Law in 2015.27

5. Effective Enforcement of the Remedies in Vietnam

Effective enforcement of civil, administrative and criminal remedies is very important

at present to prevent the infringement of IPRs in Vietnam. To effectively enforce
IPRs, some countries, such as the US stipulate heavy criminal sanctions against the
infringement of IPRs. For example, pursuant to Article 17 U.S. Code § 506 (a) (1) (B),
an offender for the first time shall be imprisoned up to 3 years and be fined up to USD
250,000 or double damages; for repeated offense, the fine is up to USD 250,000 and
imprisonment is up to 6 years or 10 years depending on the commercial purpose.28
The lawmakers of Vietnam should consider the higher criminal remedies for
the IPRs infringement acts, although the criminal remedies are not used much for

27 Criminal Law in 2015, art. 192, https://thuvienphapluat.vn/van-ban/EN/Trach-nhiem-hinh-su/Law-No-100-2015-QH13

-criminal-code/307009/tieng-anh.aspx.
28 17 U.S. Code § 506 - Criminal offenses.
XVII JEAIL 1 (2024) Patents Innovation in Vietnam 157

punishing the infringement acts in the civil and commercial fields.29 In this regard,
recently, the concept of restorative justice has gained considerable attention in
numerous arguments on how to address misbehaviour and conflicts in various
settings, including schools, workplaces, and everyday life.30 At present, in the
Vietnamese legal system, there is no official concept of restorative justice. However,
the tendency of restorative justice is evident as laid down in Article 29, Clause 3 of the
Criminal Code 2015 (newly added in this Code), which permits offenders to enter into
a remedial agreement with the victim in order to be exempted from criminal liability
upon the victim’s request. This provision is regarded as an example of restorative
justice in practice due to the fact that such approach prioritizes addressing three main
issues, including identifying the damage caused by the offense; determining the
necessary actions to repair the damage caused; and identifying who is responsible for
repairing the damage.31
Although the restorative justice approach has not been officially recognized,
Article 29, Clause 3 of the Criminal Code 2015 is a progressive step “in the spirit of
judicial reform with the goal to harmonize the regulations of Vietnamese law in the
field of criminal justice with international law, especially international documents
to which Vietnam has signed.”32 Moreover, this shows the desire to promote the
offenders’ liability for redressing the damage to the victim, the community as well
as the government. Hence, measures to restore or repair the damage, and build
friendly relationships with the community instead of applying punishments are
the primary objectives of justice, social fairness, and the mitigation of state burden,
as well as rehabilitation of the victims, especially in the circumstance against the
existing intellectual property crimes. This practice could be applied in treating the
infringement acts of IPRs in Vietnam instead of higher criminal remedies.

29 Le Ngoc Son, New Points of the Crime of Intellectual Property Rights Infringement under the 2015 Penal Code [Điểm
mới của các tội xâm phạm quyền sở hữu trí tuệ theo BLHS 2015], Kiemsat (Dec. 18, 2017), https://kiemsat.vn/diem-
moi-cua-cac-toi-xam-pham-quyen-so-huu-tri-tue-according-to-blhs-2015-48000.html.
30 Dao Tri Uc, Criminal Policy in the 2015 Criminal Code of Vietnam [Chính sách hình sự thể hiện trong BLHS năm 2015],
1 Viet. J. Legal Sci. [Tạp chí Khoa học pháp lý Việt Nam] 3-12 (2017), https://iluatsu.com/hinh-su/chinh-sach-hinh-su-
the-hien-trong-blhs-nam-2015.
31 Cao Thi Oanh, International Standards and Experiences of Some Countries on Restorative Justice [Chuẩn mực quốc tế
và kinh nghiệm một số nước về tư pháp phục hồi], 7 Jur. J. [Tạp chí Luật học] 68-77 (2019), http://thuvien.hlu.edu.vn/
Opac/DmdInfo.aspx?mnuid=141&search_field=SUBJECT&search_id=80213&dmd_id=73535.
32 Nguyen Thi Tuyet Anh & Nguyen Hai Yen, Restorative Justice for Juvenile Offenders in Some Countries over the World
and Lessons Experienced for Vietnam [tư pháp phục hồi đối với người chưa thành niên phạm tội ở một số quốc gia trên
thế giới và bài học kinh nghiệm cho việt nam] 168-83 (Proceedings of the International Conference: Juvenile Criminal
Justice, University of Law, Ho Chi Minh city, 2021), https://fdvn.vn/ky-yeu-hoi-thao-quoc-te-tu-phap-hinh-su-doi-voi-
nguoi-chua-thanh-nien.
158 Trinh Tien Viet & Phan Quoc Nguyen

6. Conclusion

Adapting to the slogan of “Innovation for Green Future by WIPO in 2020,” the
Government of Vietnam fosters the exploitation of patents and strengthens IPRs
enforcement for innovation, environmental protection and sustainable and economic
development. Many policies, measures, solutions are implemented to foster the
integration of research and development, exploitation of research results, and patents
into production and business for sustainability and environmental protection. To
have more inventions and patents, Vietnam needs to protect its IPRs more strictly
and enforces the IPRs’ infringement more effectively. However, the current status
of IPRs protection and enforcement in Vietnam is limited due to lack of appropriate
legal rules on criminal sanctions. The US laws imposing heavy criminal sanctions for
IPRs infringement could be a good example to help Vietnam develop IPRs. Also, the
restorative justice approach could be used as an effective remedy for infringing acts
of IPRs in Vietnam.

Received: February 1, 2024

Modified: April 1, 2024
Accepted: May 1, 2024